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Friends of Hebrew Institute for the Deaf & Exceptional Children v. National Credit Union Administration

Citation: 224 F. App'x 37Docket: No. 06-0424-ag

Court: Court of Appeals for the Second Circuit; March 16, 2007; Federal Appellate Court

Narrative Opinion Summary

In the case of Friends of Hebrew Institute for the Deaf and Exceptional Children (HIDEC) versus the National Credit Union Administration Board (NCUA), HIDEC challenged the NCUA's decision limiting their insurance payout to $100,000 after the liquidation of Midwood Federal Credit Union, despite HIDEC's deposits totaling approximately $919,500. The Board's decision was based on federal regulations capping insurance at the aggregate deposit amount, as per 12 C.F.R. 745.1(e) and 745.6. The court found that HIDEC could not claim equitable estoppel against the NCUA in the absence of affirmative misconduct, referencing the standard set in Rojas-Reyes v. INS. Additionally, HIDEC's argument about misrepresentations by a credit union official failed due to insufficient proof of the official’s authority, as per Gully v. NCUA Bd. The court also dismissed concerns about ex parte communications, as the Board's decision did not arise from a formal adversarial hearing. Concluding there was no abuse of discretion by the NCUA, the court denied HIDEC's petition for review, affirming the Board's decision.

Legal Issues Addressed

Authority of Credit Union Officials

Application: Misrepresentations by a credit union official could not be attributed to the government without proof of the official's authority.

Reasoning: HIDEC's argument that misrepresentations by a credit union official could be attributed to the government was contingent on proving the official's authority, which the Board found lacking.

Equitable Estoppel Against Government Agencies

Application: HIDEC could not claim equitable estoppel against the NCUA due to a lack of evidence of affirmative misconduct.

Reasoning: The court noted that equitable estoppel could not be claimed against the NCUA without evidence of affirmative misconduct, which HIDEC did not present.

Ex Parte Communications in Administrative Decisions

Application: The court clarified that ex parte communication prohibitions were inapplicable as the Board’s decision did not result from a formal adversarial hearing.

Reasoning: The court addressed HIDEC's concerns regarding ex parte communications, clarifying that since the Board's decision did not arise from a formal adversarial hearing, the cited prohibitions were not applicable.

Federal Deposit Insurance Limitations

Application: The court upheld the NCUA's decision to limit insurance payouts to the aggregate amount of deposits, despite the petitioner's claims of higher deposits.

Reasoning: The Board justified this limit based on federal deposit insurance regulations, which cap insurance at the aggregate amount of deposits rather than individual accounts.